Wisconsin Statutes 948.125 – Possession of virtual child pornography
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 25 years | up to $100,000 |
| Class I felony | up to 3 years 6 months | up to $10,000 |
Terms Used In Wisconsin Statutes 948.125
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Depiction of a purported child” means a visual representation that appears to depict an actual child but may or may not depict an actual child.
(b) “Obscene material” means a photograph, film, motion picture, or digital or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, that satisfies all of the following:
1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole.
2. Under contemporary community standards, describes or shows sexually explicit conduct in a patently offensive way.
3. Lacks serious literary, artistic, political, educational, or scientific value, if taken as a whole.
(2) Possession and penalty. Whoever receives, distributes, produces, or possesses, or accesses in any way with the intent to view, obscene material that contains a depiction of a purported child engaging in sexually explicit conduct is guilty of the following if the person knows that he or she received, distributed, produced, possessed, or accessed the material and if the person knows, or reasonably should know, that the material contains a depiction of a purported child engaging in sexually explicit conduct:
(a) Except as provided in par. (b), a Class D felony.
(b) If the actor is under 18 years of age when the offense occurs, a Class I felony.